PRACTICE
LEADER

FCPA and Anti-Corruption Counseling and Defense

Helping companies prevent, detect and mitigate violations of anti-corruption and other criminal laws in the international marketplace frames Stinson Leonard Street LLP's FCPA and Anti-Corruption Counseling and Defense Practice.

We assist national and international clients as they manage the increasingly challenging requirements of the Foreign Corrupt Practices Act (FCPA) and other anti-corruption statutes, as well as the investigations from U.S. and foreign regulatory agencies which sometimes follow. In the U.S., the Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) continue to aggressively pursue both public and private companies by investigating and prosecuting breaches of government anti-corruption laws and other U.S. laws with impacts outside U.S. borders. Stinson Leonard Street's attorneys help clients respond quickly and effectively.

Violations of the FCPA carry with them the possibility of both civil and criminal penalties. The DOJ enforces the criminal sections of the FCPA, and has prosecuted violations that have resulted in lengthy prison sentences for individuals. The SEC enforces the civil parts of the FCPA. Fees, fines and disgorgements for companies violating the FCPA have extended into the hundreds of millions of dollars. These investigations are not to be taken lightly. When an FCPA or other regulatory investigation is underway, experience matters.

The stakes were raised with the enactment of the whistleblower provisions of the Dodd-Frank Act in 2010. Under Dodd-Frank, employees, suppliers, customers and other stakeholders can fill out an online form to levy allegations against any publicly traded company, including allegations of FCPA violations. That step alone starts a process that could lead to large financial payouts for individuals making claims of illegal activity, and it could force companies to undertake potentially difficult and expensive investigations to address those allegations. The passage of Dodd-Frank has coincided with a marked increase in enforcement actions, with the number of actions expected to increase over time.

Scope of Service

Stinson Leonard Street is quick to respond at the onset of an FCPA enforcement proceeding, or other similar regulatory investigation. Equally, if not more important, is our experience in tailoring compliance programs that aid in preventing a government charge—FCPA or otherwise—from occurring. We work with our clients in designing compliance programs that take into account the client's operations, subsidiaries, culture, and processes. We also offer a range of other preventive and responsive services that includes the following:

Compliance and Governance

We work with our clients to make sure their governance, risk and compliance (GRC) policies are up to date. We conduct risk assessments to help our clients identify risks that even they may not know they face. Using our own experience, we look at the countries in which our clients operate and craft appropriate compliance solutions. Stinson Leonard Street uses a highly developed risk assessment process to identify FCPA and other legal and compliance risks. Once risks are identified, we work with highly qualified forensic accountants and other teams of professionals to gain substantial understanding of significant FCPA and other legal and compliance risks and to identify events or situations that require further action. We have executed this process for several clients and have demonstrated that we can develop this information in a time-effective, cost-efficient, thorough and discreet manner.

Training

We train company executives and employees on compliance, reporting, investigation techniques and other related topics. We provide skill-building courses that take into account a company's culture and business model.

SEC and DOJ Legal Advice

Stinson Leonard Street's attorneys have received praise from both of these government agencies for our prior handling of government investigations. We help our clients find the right balance between cooperation and defending charges. We have an in-depth knowledge of action steps that both of these agencies appreciate. We have considerable experience at the negotiating table with government agencies as we seek to limit liability for our clients.

Conducting or Assisting With Investigations

Responding to a government investigation can be an overwhelming challenge. The amount of data that needs to be reviewed can be staggering. Stinson Leonard Street offers experience with collection and analysis of a wide range of electronic and hard copy data sources. We are experienced at conducting the interviews necessary to learn facts. We also conduct thorough reviews of processes and controls for systemic problems and weaknesses.

Operational and Acquisition Due Diligence

Well-run U.S. companies now routinely conduct substantial due diligence on acquisitions to assess legal and compliance risks, particularly related to the FCPA. Failure to conduct the requisite level of due diligence of companies that are acquisition or merger targets, or even joint venture prospects, can be costly. Stinson Leonard Street has worked with our clients to conduct all levels of due diligence for pre- and post-acquisition, divestiture, joint venture partners and third party business partners.

Integration

Post-acquisition integration is critically important in FCPA compliance. Our attorneys assist acquiring companies in integrating acquired companies into existing internal controls, including corporate compliance programs. We also assist companies with training new employees, reevaluating third parties, and conducting audits on new business units, if necessary.

Cost-effective Litigation

Litigating against the government can be a sensitive and expensive proposition. When litigation is inevitable, we are well prepared to represent clients efficiently, but also mindful of the strength of the facts and protections of law at work in any circumstance.

OUR TEAM

Stinson Leonard Street's FCPA and Anti-Corruption Practice Team includes a former Assistant General Counsel of a Fortune 50 company, a former compliance head of several global corporations, former Assistant U.S. Attorneys for the District of Columbia and Minnesota, a former DOJ litigation attorney, and other similarly-credentialed professionals. We are also able to call upon the cross-disciplinary resources of our White Collar Criminal Defense and Governance, Risk & Compliance Practices when the situation demands it.

REPRESENTATIVE EXPERIENCE

Represented clients in compliance and legal matters in Mali, Benin, Niger, Burkina Faso, Ghana, Guinea, Mauritania, Senegal, (all west Africa) as well as in Botswana, Ethiopia, Tanzania, Zambia, and the Congo

Defended a Fortune 500 business executive in connection with FCPA investigation centered on activities in Eastern Europe

Defended a Minneapolis-based defense contractor caught up in a wide-ranging Commerce Department investigation of business abroad

Conducted an FCPA investigation for client that required witness interviews in the U.S., Africa and Australia

Served as compliance counsel for a Fortune 50 publicly traded company in several acquisition and divestiture transactions including:

Multibillion dollar potential sale of one of its agricultural business units with operations in Africa, including Cameroon, Cote D’Ivoire, Ghana and Nigeria

Legal and compliance counsel in company's potential multi-million dollar acquisition of an agricultural company with operations in South Africa & Mozambique

Pre-acquisition compliance due diligence in connection with company’s potential multi-billion dollar acquisition of an agricultural company which had operations throughout Africa

Legal and compliance counsel in divestiture of company’s 50 percent ownership interest in an agricultural company in Cameroon

Served as deal counsel and compliance counsel (including FCPA acquisition diligence review) for a publicly traded company in its potential acquisition of a company operating in Mexico, Panama, Peru, Chile, Argentina, and Colombia

Served as deal counsel and compliance counsel (including FCPA acquisition diligence review) for a publicly traded company in its acquisition of a company operating in Mexico and the U.S.

Served as compliance counsel (including FCPA acquisition diligence review) for a publicly traded company in its acquisition of a company operating in Brazil and Uruguay

Conducted an FCPA internal investigation on behalf of a publicly traded company in relation to its business activities and operations in Mexico